Title Deeds Persimmons- Erecting a new fence?

lmwc

Hi
Was wondering if anyone can help.
Recently purchased a Persimmon home and cannot see anywhere on the title deeds about it being an open plan development.

I've read and reread our deeds and still don't quite understand if it means no fence in the front or just no fence over a certain height? I have checked with our builders customer service and they suggested to check with our local council and in which I was told no need for planning if the front fence is only 3ft.

The clause states:

"The fences or walls insofar as erected on the Development forming divisional fences or walls between adjoining units shall be erected on half on each of the adjoining Units and shall thereafter be maintained by the adjoining Owners jointly and equally in all time coming and the Owners quoad their respective Units shall relieve the Developer of all claims in respect of the said fences or walls. Where any fence or wall from divisional fences or walls between a Unit and Scheme Property or land outwith the Development, unless such wall or fence has been declared to be part of the Scheme Property in this Deed, the Owner of the Unit shall be bound to maintain the same. No walls, fences or any divisional or bounding fences or walls may exceed 1.8 meter in height, be erected by any Owner or be used in any way as a support or strengthening without consent, any necessary local authority approvals or be erected in front of the building line of the dwellinghouse on the Unit."

anyone had similar wording on their deeds?

thanks

davidmcn

Some punctuation might help with interpretation:

"No walls, fences or any divisional or bounding fences or walls may:
1. exceed 1.8 metres in height
2. be erected by any Owner or be used in any way as a support or strengthening without consent, any necessary local authority approvals or
3. be erected in front of the building line of the dwellinghouse"

So nothing allowed further forward than the front of the house.

In practice, unlikely to be controversial unless the builders are still on the development, and you may get an idea from other houses whether neighbours have already got away with something similar.

lmwc

thank you for your reply

Yes I've been reading it over and over again and paying particular attention to the commas.

The ',' appears after the height restriction though, indicating the one sentence:

"No walls, fences or any divisional or bounding fences or walls may exceed 1.8 meter in height, ..."

I feel like i could drive myself crazy just over interpreting. Builders are telling to go go the local council regarding plannings and then they're asking me to go back to the builders... pft...!

davidmcn

lmwc wrote: »

I've been reading it over and over again and paying particular attention to the commas.

The ',' appears after the height restriction though, indicating the one sentence:

"No walls, fences or any divisional or bounding fences or walls may exceed 1.8 meter in height, ..."

Sorry, not sure what you're getting at - are you disagreeing with my interpretation?

Cakeguts

You can't have a fence at the front. That is quite common. The services often run through the part of the front garden nearest the pavement. What the council planning department says about front fences doesn't apply to you because you can't have front fence.


For the rest of the fencing at the back of the house you are limited to nothing over 1.8 metres in height.


So you can put fences in the back garden but not in the front garden.